56-82 Accept 1/3 grant for breakwall

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3. That prior to initiation of the bidding and construction provisions set forth in paragraph five of this agreement, the CITY shall~deposit with the STATE its two-thirds share of the construction cost estimate, and the total amount will be deposited in the State Treasury in a special fund for this project. 4. The CITY shall provide without cost to the STATE all lands, easements, and rights-of-way necessary for the construction of the project. 5. That after final plans, specifications, and estimates have been approved by the STATE, the CITY agrees to serve as the contracting agency, with full responsibility for advertising for construction bids, awarding contracts, inspecting project work mdmaterials. Performance bonds, as generally required by the CITY, shall be required of successful bidders on the project. The CITY shall forward all proposed construction contracts and bid tabulations relating thereto, together with its recommendations, to the STATE, for approval by the STATE, before entering into any binding contracts relating thereto. 6. Upon approval of the contract award by both the STATE and CITY, the STATE.will encumber funds to the Contractor(s) to cover the prOject costs for work to be performed under'this agreement. All periodic invoices for work performed by contractors, which invoices are approved by the CITY, shall be forwarded to the STATE for payment by the STATE from said funds. 7. If, in the opinion of the CITY, work should be performed which is not specifically covered in the approved project plans and specifications, approval of such work by both the STATE and CITY must be first mutually agreed upon. In the event the STATE cannot concur therein, no such work shall be done. No changes, additions or deletions, shall be made in the approved plans and specifications for this project without the express written approval of the STATE. 8. That if during construction of this Project some condition is encountered which will require an over run in quantities, above those contained in the original contract, the CITY will immediately call the matter to the attention of the STATE and no further work will be performed on this item on which the over run will occur until the~amount thereof and the method of payment therefore is mutually agreed to. 9. The final invoice for construction will not be paid by the STATE until the project has been inspected and approved by the Chief Engineer of the Department of Natural Resources. 10. Upon payment of .the final invoice by the STATE for work performed on this project, the STATE will refund to the CITY any and all unexpended project funds which were deposited by the CITY into the Special Fund of the State Treasury in excess of the CITY's two-thirds share of the project cost.